It all came to a head in late 1955 when the Code rejected a story for Incredible Science Fiction and Feldstein substituted a previously published pre-Code anti-racism parable, “Judgment Day,” which he had written for artist Joe Orlando, to Code administrator Charles F. Murphy. [Al] Feldstein [about] what happened next:

„I said, 'Bill, this is impossible. It just can’t work. They are after our ass, and they’re going to find any excuse to give us a hard time.' And Bill called up Murphy and said, 'What the hell is going on?'

And Murphy said, 'You can’t have a Negro.'

And Bill said, 'Okay. I’m going to have a press conference, and I’m going to tell the public that the comic book authority is a racist authority that will not permit black people to have equal depiction,' or something like that.

After a pause to reflect, Murphy granted Gaines permission to publish the story, on the condition that the beads of perspiration on the black astronaut’s face be removed. (Feldstein’s text ended with a purple flourish: 'and the instrument lights made the beads of perspiration on his dark skin twinkle like distant stars…')

Gaines said, 'Fuck you,' hung up on Murphy, and published the story intact.